Posted by rozeklawoffice on May 3, 2010 under Construction Site Accidents, Premises Liability Accidents | 
According to a recent article in the Washington Biz Journal, OSHA is increasing penalties for serious violations, including those that occur on construction site jobs. OSHA believes that current penalties, averaging around $1000 per incident, are too low to deter large companies from violating safety regulations. Under the new policy, fines for serious injury (including death) will rise to an average of $3,500.
There is legislation pending in Congress to change the current maximum fine legally allowed to be charged by the agency- $7,000 for serious violations and $70,000 for willful violations- to $12,000 and $250,000, respectively. OSHA is in favor of this legislation stating that penalties must be large enough to discourage large employers from cutting corners and safety programs that trigger mandatory inspections.
In addition to increasing fines, the agency’s intent is to reduce penalties for small businesses that act in good faith and increase inspections at work premises that have repeated safety violations on record. The Legislator is also in the process of earmarking more funds for the agency’s prevention program (safety education/training courses and compliance assistance programs), noting that preventative and educational programs work just as well as fines. An example can be seen in the National Association of Manufacturers labor statistics which report that incident rates workplace injuries have improved 54% and fatalities have fallen 38% since 1994 (the year OSHA programs that helped companies comply with the law were put in place).
Larger penalties for repeat offender companies and an increase in compliance education will hopefully deter future safety violations. More triggers in place that initiate safety inspections will also hopefully deter big companies from taking their chances. This is all very good news for worker safety. Construction sites premises will become safer places to work and visit.
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If you have been injured while working or visiting a construction, please contact an experienced Wisconsin Premises Liability Attorney or Wisconsin Dangerous Property Attorney.
Tags: dangerous proerty regulations, large company Osha Violations, OSHA fines increase for liable premises, penalties and fines for osha violations, premise liability, serious OSHA violations, strciter liability for dangerous property, stricter osha penatlies for construction sites, wisconsin construction site injury, Wisconsin Construction Site Safety, wisconsin dangerous property attorney, wisconsin premises liability accidents, wisconsin premises liability attorney
Posted by rozeklawoffice on February 9, 2010 under Construction Site Accidents |
Construction work is the most dangerous of all trades. The Occupational Safety and Health Administration (OSHA) estimates that there are over 1000 construction site deaths each year in the United States. Most of the construction related injuries are caused because contractors fail to ensure the safety of the construction workers on the site. Often times, it takes a thorough investigation to determine who is at fault, the general contractor, the sub-contractor, the equipment manufacturer, etc. Workers Compensation often will cover injuries resulting from on-site work. However, workers compensation does not always cover the entire amount of medical bills, lost wages, and future suffering.
Also, workers compensation does not necessarily cover accidents that occur in your own vehicle when traveling to or from work. A recent case, “McRae v. Porta Painting” involves about a construction worker who was in an accident on his way from his home in Twin Lakes, Wisconsin to the job site in Waukesha, Wisconsin. McRae, the construction worker, was employed by Porta Painting. He normally drove from his personal residence to a particular job location that he was assigned. Some days, he would stop in the Waukesha headquarters to get supplies.
On a winter Wisconsin morning, McRae was driving his personal vehicle from his home to a job site when he was involved in an accident with another vehicle. He sustained serious injuries including broken bones and a permanent head injury. McRae brought a claim for worker’s compensation benefits stating that he was performing services incidental to his employment.
The circuit and appellate court both rules that McRae was not preforming service incidental to his employment. Rather, his injuries occurred in the course of his normal commute to work and thus were not covered by workers compensation. They also noted that the typical employee going to and from work is not covered until he or she reaches the employer’s premises. Exceptions to this “coming and going” rule include circumstances where the employer provides the transportation as part of the employment or pays for the expenses related to the employee’s travel and that travel constitutes a substantial part of the employment.
If you have been injured on the construction job-site or when traveling for work purposes, you should contact an experienced Wisconsin Construction Site Accident Lawyer to help determine who is at fault and identify the best method for receiving compensation.
According to a recent article in the Washington Biz Journal, OSHA is increasing penalties for serious violations, including those that occur on construction site jobs. OSHA believes that current penalties, averaging around $1000 per incident, are too low to deter large companies from violating safety regulations. Under the new policy, fines for serious injury (including death) will rise to an average of $3,500.
